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MTR. OF WHITE v. FISHER

49 A.D.2d 450 (1975)

In the Matter of Harry C. White, Petitioner, v. Arnold Fisher, as Commissioner of Motor Vehicles of The State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 4, 1975

Attorney(s) appearing for the Case

Leonard E. Lombardi for petitioner.

Louis J. Lefkowitz, Attorney-General (Philip J. Fitzgerald and Ruth Kessler Toch of counsel), for respondent.

HERLIHY, P. J., SWEENEY, KANE and LARKIN, JJ., concur.

KOREMAN, J.

Petitioner was arrested for driving while intoxicated. He was asked to submit to a chemical test, and was warned that his refusal could result in revocation of his operator's license. Petitioner agreed, but while en route to a State Police substation in a patrol car, he told the trooper, without explanation, that he would not take the test. The trooper repeated the warning but petitioner still refused...

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